[Congressional Record Volume 145, Number 90 (Wednesday, June 23, 1999)]
[Senate]
[Pages S7536-S7537]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      FUELS REGULATORY RELIEF ACT

                                 ______
                                 

                        CHAFEE AMENDMENT NO. 735

  Mr. GRASSLEY (for Mr. Chafee) proposed an amendment to the bill (S. 
880) to amend the Clean Air Act to remove flammable fuels from the list 
of substances with respect to which reporting and other activities are 
required under the risk management plan program; as follows:

       Strike section 4 and insert the following:

     SEC. 4. PUBLIC ACCESS TO OFF-SITE CONSEQUENCE ANALYSIS 
                   INFORMATION.

       (a) In General.--Section 112(r)(7) of the Clean Air Act (42 
     U.S.C. 7412(r)(7)) is amended by adding at the end the 
     following:
       ``(H) Public access to off-site consequence analysis 
     information.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Covered person.--The term `covered person' means--

       ``(aa) an officer or employee of the United States;
       ``(bb) an officer or employee of an agent or contractor of 
     the Federal Government;
       ``(cc) an officer or employee of a State or local 
     government;
       ``(dd) an officer or employee of an agent or contractor of 
     a State or local government;
       ``(ee) an individual affiliated with an entity that has 
     been given, by a State or local government, responsibility 
     for preventing, planning for, or responding to accidental 
     releases and criminal releases;
       ``(ff) an officer or employee or an agent or contractor of 
     an entity described in item (ee); and
       ``(gg) a qualified researcher under clause (vii).

       ``(II) Criminal release.--The term `criminal release' means 
     an emission of a regulated substance into the ambient air 
     from a stationary source that is caused, in whole or in part, 
     by a criminal act.
       ``(III) Official use.--The term `official use' means an 
     action of a Federal, State, or local government agency or an 
     entity referred to in subclause (I)(ee) intended to carry out 
     a function relevant to preventing, planning for, or 
     responding to accidental releases or criminal releases.
       ``(IV) Off-site consequence analysis information.--The term 
     `off-site consequence analysis information' means those 
     portions of a risk management plan, excluding the executive 
     summary of the plan, consisting of an evaluation of 1 or more 
     worst-case scenario or alternative scenario accidental 
     releases, and any electronic data base created by the 
     Administrator from those portions.
       ``(V) Risk management plan.--The term `risk management 
     plan' means a risk management plan submitted to the 
     Administrator by an owner or operator of a stationary source 
     under subparagraph (B).

       ``(ii) Regulations.--Not later than 1 year after the date 
     of enactment of this subparagraph, the President shall--

       ``(I) assess--

       ``(aa) the increased risk of terrorist and other criminal 
     activity associated with the posting of off-site consequence 
     analysis information on the Internet; and
       ``(bb) the incentives created by public disclosure of off-
     site consequence analysis information for reduction in the 
     risk of accidental releases and criminal releases; and

       ``(II) based on the assessment under subclause (I), 
     promulgate regulations governing the distribution of off-site 
     consequence analysis information in a manner that, in the 
     opinion of the President, minimizes the likelihood of 
     accidental releases and criminal releases and the likelihood 
     of harm to public health and welfare, and--

       ``(aa) allows access by any member of the public to paper 
     copies of off-site consequence analysis information for a 
     limited number of stationary sources located anywhere in the 
     United States;
       ``(bb) allows other public access to off-site consequence 
     analysis information as appropriate;
       ``(cc) allows access for official use by a covered person 
     described in any of items (cc) through (ff) of clause (i)(I) 
     (referred to in this subclause as a `State or local covered 
     person') to off-site consequence analysis information 
     relating to stationary sources located in the person's State;
       ``(dd) allows a State or local covered person to provide, 
     for official use, off-site consequence analysis information 
     relating to stationary sources located in the person's State 
     to a State or local covered person in a contiguous State; and
       ``(ee) allows a State or local covered person to obtain for 
     official use, by request to the Administrator, off-site 
     consequence analysis information that is not available to the 
     person under item (cc).
       ``(iii) Availability under freedom of information act.--

       ``(I) First year.--Off-site consequence analysis 
     information, and any ranking of stationary sources derived 
     from the information, shall not be made available under 
     section 552 of title 5, United States Code, during the 1-year 
     period beginning on the date of enactment of this 
     subparagraph.
       ``(II) After first year.--If the regulations under clause 
     (ii) are promulgated on or before the end of the period 
     described in subclause (I), off-site consequence analysis 
     information covered by the regulations, and any ranking of 
     stationary sources derived from the information, shall not be 
     made available under section 552 of title 5, United States 
     Code, after the end of that period.

[[Page S7537]]

       ``(III) Applicability.--Subclauses (I) and (II) apply to 
     off-site consequence analysis information submitted to the 
     Administrator before, on, or after the date of enactment of 
     this subparagraph.

       ``(iv) Availability of information during transition 
     period.--The Administrator shall make off-site consequence 
     analysis information available to covered persons for 
     official use in a manner that meets the requirements of items 
     (cc) through (ee) of clause (ii)(II), and to the public in a 
     form that does not make available any information concerning 
     the identity or location of stationary sources, during the 
     period--

       ``(I) beginning on the date of enactment of this 
     subparagraph; and
       ``(II) ending on the earlier of the date of promulgation of 
     the regulations under clause (ii) or the date that is 1 year 
     after the date of enactment of this subparagraph.

       ``(v) Prohibition on unauthorized disclosure of information 
     by covered persons.--

       ``(I) In general.--Beginning on the date of enactment of 
     this subparagraph, a covered person shall not disclose to the 
     public off-site consequence analysis information in any form, 
     or any statewide or national ranking of identified stationary 
     sources derived from such information, except as authorized 
     by this subparagraph (including the regulations promulgated 
     under clause (ii)). After the end of the 1-year period 
     beginning on the date of enactment of this subparagraph, if 
     regulations have not been promulgated under clause (ii), the 
     preceding sentence shall not apply.
       ``(II) Criminal penalties.--

       ``(aa) Knowing violations.--A covered person that knowingly 
     violates a restriction or prohibition established by this 
     subparagraph (including the regulations promulgated under 
     clause (ii)) shall be fined not more than $5,000 for each 
     unauthorized disclosure of off-site consequence analysis 
     information. The disclosure of off-site consequence analysis 
     information for each specific stationary source shall be 
     considered a separate offense. Section 3571 of title 18, 
     United States Code, shall not apply to an offense under this 
     item. The total of all penalties that may be imposed on a 
     single person or organization under this item shall not 
     exceed $100,000 for violations committed during any 1 
     calendar year.
       ``(bb) Willful violations.--A covered person that willfully 
     violates a restriction or prohibition established by this 
     subparagraph (including the regulations promulgated under 
     clause (ii)) shall be fined under section 3571 of title 18, 
     United States Code, for each unauthorized disclosure of off-
     site consequence analysis information, but shall not be 
     subject to imprisonment. The total of all penalties that may 
     be imposed on a single person or organization under this item 
     shall not exceed $1,000,000 for violations committed during 
     any 1 calendar year.

       ``(III) Applicability.--If the owner or operator of a 
     stationary source makes off-site consequence analysis 
     information relating to that stationary source available to 
     the public without restriction--

       ``(aa) subclauses (I) and (II) shall not apply with respect 
     to the information; and
       ``(bb) the owner or operator shall notify the Administrator 
     of the public availability of the information.

       ``(IV) List.--The Administrator shall maintain and make 
     publicly available a list of all stationary sources that have 
     provided notification under subclause (III)(bb).

       ``(vi) Guidance.--

       ``(I) Issuance.--Not later than 60 days after the date of 
     enactment of this subparagraph, the Administrator, after 
     consultation with the Attorney General and the States, shall 
     issue guidance that describes official uses of off-site 
     consequence analysis information in a manner consistent with 
     the restrictions in items (cc) through (ee) of clause 
     (ii)(II).
       ``(II) Relationship to regulations.--The guidance 
     describing official uses shall be modified, as appropriate, 
     consistent with the regulations promulgated under clause 
     (ii).
       ``(III) Distribution.--The Administrator shall transmit a 
     copy of the guidance describing official uses to--

       ``(aa) each covered person to which off-site consequence 
     analysis information is made available under clause (iv); and
       ``(bb) each covered person to which off-site consequence 
     analysis information is made available for an official use 
     under the regulations promulgated under clause (ii).
       ``(vii) Qualified researchers.--

       ``(I) In general.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Administrator, in 
     consultation with the Attorney General, shall develop and 
     implement a system for providing off-site consequence 
     analysis information, including facility identification, to 
     any qualified researcher, including a qualified researcher 
     from industry or any public interest group.
       ``(II) Limitation on dissemination.--The system shall not 
     allow the researcher to disseminate, or make available on the 
     Internet, the off-site consequence analysis information, or 
     any portion of the off-site consequence analysis information, 
     received under this clause.

       ``(viii) Read-only information technology system.--In 
     consultation with the Attorney General and the heads of other 
     appropriate Federal agencies, the Administrator shall 
     establish an information technology system that provides for 
     the availability to the public of off-site consequence 
     analysis information by means of a central data base under 
     the control of the Federal Government that contains 
     information that users may read, but that provides no means 
     by which an electronic or mechanical copy of the information 
     may be made.
       ``(ix) Voluntary industry accident prevention standards.--
     The Environmental Protection Agency, the Department of 
     Justice, and other appropriate agencies may provide technical 
     assistance to owners and operators of stationary sources and 
     participate in the development of voluntary industry 
     standards that will help achieve the objectives set forth in 
     paragraph (1).
       ``(x) Effect on state or local law.--

       ``(I) In general.--Subject to subclause (II), this 
     subparagraph (including the regulations promulgated under 
     this subparagraph) shall supersede any provision of State or 
     local law that is inconsistent with this subparagraph 
     (including the regulations).
       ``(II) Availability of information under state law.--
     Nothing in this subparagraph precludes a State from making 
     available data on the off-site consequences of chemical 
     releases collected in accordance with State law.

       ``(xi) Report on achievement of objectives.--

       ``(I) In general.--Not later than 3 years after the date of 
     enactment of this subparagraph, the Comptroller General shall 
     submit to Congress a report that describes the extent to 
     which the regulations promulgated under this paragraph have 
     resulted in actions, including the design and maintenance of 
     safe facilities, that are effective in detecting, preventing, 
     and minimizing the consequences of releases of regulated 
     substances that may be caused by criminal activity.
       ``(II) Interim report.--Not later than 270 days after the 
     date of enactment of this subparagraph, the Comptroller 
     General shall submit to Congress an interim report that 
     includes, at a minimum--

       ``(aa) the preliminary findings under subclause (I);
       ``(bb) the methods used to develop those findings; and
       ``(cc) an explanation of the activities expected to occur 
     that could cause the findings of the report under subclause 
     (I) to be different from the preliminary findings.
       ``(xii) Scope.--This subparagraph--

       ``(I) applies only to covered persons; and
       ``(II) does not restrict the dissemination of off-site 
     consequence analysis information by any covered person in any 
     manner or form except in the form of a risk management plan 
     or an electronic data base created by the Administrator from 
     off-site consequence analysis information.

       ``(xiii) Authorization of appropriations.--There are 
     authorized to be appropriated to the Administrator and the 
     Attorney General such sums as are necessary to carry out this 
     subparagraph (including the regulations promulgated under 
     clause (ii)), to remain available until expended.''.
       (b) Reports.--
       (1) Definition of accidental release.--In this subsection, 
     the term ``accidental release'' has the meaning given the 
     term in section 112(r)(2) of the Clean Air Act (42 U.S.C. 
     7412(r)(2)).
       (2) Report on status of certain amendments.--Not later than 
     2 years after the date of enactment of this Act, the 
     Comptroller General of the United States shall submit to 
     Congress a report on the status of the development of 
     amendments to the National Fire Protection Association Code 
     for Liquefied Petroleum Gas that will result in the provision 
     of information to local emergency response personnel 
     concerning the off-site effects of accidental releases of 
     substances exempted from listing under section 112(r)(4)(B) 
     of the Clean Air Act (as added by section 3).
       (3) Report on compliance with certain information 
     submission requirements.--Not later than 3 years after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report that--
       (A) describes the level of compliance with Federal and 
     State requirements relating to the submission to local 
     emergency response personnel of information intended to help 
     the local emergency response personnel respond to chemical 
     accidents or related environmental or public health threats; 
     and
       (B) contains an analysis of the adequacy of the information 
     required to be submitted and the efficacy of the methods for 
     delivering the information to local emergency response 
     personnel.
       (c) Termination of Authority.--The authority provided by 
     this section and the amendment made by this section 
     terminates 6 years after the date of enactment of this Act.

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